sustained EB-1A Case: Music

PUBLIC COPY 
identifying data deleted to 
prevent cleerly l~nw arranted 
hasion of personal privacy 
U.S. Department of Homeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
- 
LIN 05 193 50638 
PETITION: 
 Immigrant Petition for Alien Worker as an Alien of Extraordinary Ability Pursuant to Section 
203(b)(l)(A) of the Immigration and Nationality Act, 8 U.S.C. 5 1153(b)(l)(A) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
- Robert P. Wiemann, Chief 
Administrative Appeals Office 
DISCUSSION: The employment-based immigrant visa petition was denied by the Drector, Nebraska Service 
Center, and is now before the Administrative Appeals Office on appeal. The appeal will be sustained and the 
petition will be approved. 
The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)(l)(A) of the 
Immigration and Nationality Act (the Act), 8 U.S.C. 8 1153(b)(l)(A), as an alien of extraordinary ability in 
the arts. The director determined the petitioner had not established the sustained national or international acclaim 
necessary to qualify for classification as an alien of extraordinary ability. 
On appeal, counsel states: 
The evidence submitted in the initial petition, in the response to the Request for Evidence and herein 
clearly demonstrates that [the petitioner] is one of that small percentage of musical artists who have 
risen to the very top of their field. His musical career and accomplishments over the past several 
decades have placed him firmly among the greatest viola players of our time. [The petitioner] has 
achieved national and international acclaim as a violist and teacher. He has proved to be most prolific 
with respect to recordings and international performances with the leading orchestras and soloists in 
the world. His accomplishments have been recognized in the world of music . . . by his colleagues, 
conductors, professors of music and other musicians. Thus, [the petitioner] qualifies as an alien of 
extraordinary ability as defined by 8 C.F.R. 5 204.5(h). 
Section 203(b) of the Act states, in pertinent part, that: 
(1) Priority Workers. -- Visas shall first be made available . . . to qualified immigrants who are aliens 
described in any of the following subparagraphs (A) through (C): 
(A) Aliens with Extraordinary Ability. -- An alien is described in this subparagraph if -- 
(i) the alien has extraordinary ability in the sciences, arts, education, business, or 
athletics which has been demonstrated by sustained national or international acclaim 
and whose achevements have been recognized in the field through extensive 
documentation, 
(ii) the alien seeks to enter the United States to continue work in the area of 
extraordinary ability, and 
(iii) the alien's entry to the United States will substantially benefit prospectively the 
United States. 
As used in this section, the term "extraordinary ability" means a level of expertise indicating that the 
individual is one of that small percentage who have risen to the very top of the field of endeavor. 8 C.F.R. 
5 204.5(h)(2). The specific requirements for supporting documents to establish that an alien has sustained 
national or international acclaim and recognition in his or her field of expertise are set forth in the regulation 
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at 8 C.F.R. 5 204.5(h)(3). The relevant criteria will be addressed below. It should be reiterated, however, that 
the petitioner must show that he has sustained national or international acclaim at the very top level. 
This petition, filed on June 9, 2005, seeks to classify the petitioner as an alien with extraordinary ability as a 
"Violist (Member of Stnng Quartet) and Professor of Viola." The petitioner has been employed by the Peck 
School of the Arts at the University of Wisconsin-Milwaukee as an artist-in-residence and as a violist with the 
Fine Arts Quartet since August 2001. 
The regulation at 8 C.F.R. 5 204.5(h)(3) indicates that an alien can establish sustained national or 
international acclaim through evidence of a one-time achievement (that is, a major, international recognized 
award). Barring the alien's receipt of such an award, the regulation outlines ten criteria, at least three of 
which must be satisfied for an alien to establish the sustained acclaim necessary to qualify as an alien of 
extraordinary ability. We find that the petitioner's evidence satisfies the following three criteria. 
Documentation of the alien's receipt of lesser nationally or internationally recognized prizes or 
awards for excellence in the field of endeavor. 
The petitioner submitted evidence showing that in 1980 he won the "All-Union Competition" for viola 
players held in Lvov, Ukraine. Published material in the record refers to this competition as a "National Viola 
Competition" of the former Soviet Union. The petitioner also submitted evidence showing that his current 
ensemble, the Fine Arts Quartet, was awarded the third prize for a Touring Chamber Ensemble (Mixed 
Repertory) fiom the American Society of Composers, Authors and Publishers (ASCAP) for "adventurous 
programming during the 2003 concert season." Information submitted by the petitioner fiom ASCAP'S 
internet site demonstrates the national significance of this prize. We find that the preceding awards are 
adequate to satisfy this criterion. 
In addition, nationally or internationally recognized prizes or awards won by students taught by the petitioner 
may be considered as comparable evidence for this criterion pursuant to 8 C.F.R. 5 204.5(h)(4). In this case, 
the petitioner submitted evidence showing that three of his students, 
and 
 have won significant awards at the national and international level. 
Published materials about the alien in professional or major trade publications or other major 
media, relating to the alien's work in the jield for which classification is sought. Such evidence 
shall include the title, date, and author of the material, and any necessary translation. 
The petitioner submitted several articles about himself appearing in qualifying publications. We concur with 
the director's finding that the petitioner meets this criterion. 
Evidence that the alien has pe$ormed in a leading or critical role for organizations or 
establishments that have a distinguished reputation. 
Published material in the record adequately establishes that the Fine Arts Quartet and the Israel Philharmonic 
Orchestra have distinguished reputations. The record fkther reflects that the petitioner performed in a leading or 
critical role as violist for the Fine Arts Quartet and as principal violist and soloist for the Israel Phlharmonic 
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r example, regarding his role for the latter organization, a December 20,2005 letter of support fkom 
Music Director, Israel Philharmonic Orchestra, states: 
I have known [the petitioner] for more than 15 years, having first met him when he joined the Israel 
Philharmonic Orchestra in 1990 as principal violist. During his ten-year tenure in that position [the 
petitioner] gave many solo performances with the orchestra on our European and American Tours. [The 
petitioner] is one of the finest musicians with whom I have had the pleasure of worlung during my years 
as Music Director of the Israel Philharmonic Orchestra. [The petitioner] is not only a master of his 
instrument, but he also has an innate musical sense and a natural quality of leadership. [The petitioner's] 
energy, his intense and penetrating sound and his virtuosity made his solo performances with the 
orchestra unforgettable. As principal of his section, he had great intuition and sense of interpretation and 
sound quality, which enabled him to lead his section and the orchestra to an even higher level of quality. 
In light of the above, we find that the petitioner meets this third criterion. 
Accordingly, the petitioner has satisfied three of the regulatory criteria required for classification as an alien 
of extraordinary ability. Pursuant to the statute and regulations as they are currently constituted, the petitioner 
qualifies for the classification sought. 
In this case, the totality of the evidence establishes an overall pattern of sustained national and international 
acclaim and extraordinary ability in the music field. The petitioner has also established that he seeks to 
continue worlung in the same field in the United States and that his entry into the United States will 
substantially benefit prospectively the United States. Therefore, the petitioner has overcome the stated 
grounds for denial and thereby established eligibility for the benefits sought under section 203 of the Act. 
The burden of proof in visa petition proceedings remains entirely with the petitioner. Section 291 of the Act, 
8 U.S.C. tj 1361. The petitioner has sustained that burden. Accordingly, the decision of the director denying 
the petition will be withdrawn and the petition will be approved. 
ORDER: 
 The appeal is sustained and the petition is approved.